Cline v. State

—Appellant was prosecuted and convicted before a justice of the peace for an assault and battery upon the person of one Catharine McDonald. Erom this judgment he appealed to the court below. Upon being arraigned before the justice of the peace, he entered a plea of not guilty. In the circuit court, without withdrawing his plea of not guilty, or without asking permission of the court to withdraw it, he moved to quash the affidavit. This motion was overruled, and without further plea he was put upon his trial before a jury, and was found guilty. His motion for a new trial was overruled, and a…